
Table 1: Classification of Marriages (Unit-I)
Type of Marriage | Legal Status | Legal Effects & Consequences | Example |
Sahih (Valid) | Perfectly legal from inception. | Cohabitation is lawful; children are legitimate; mutual inheritance rights arise; Dower becomes payable. | A marriage where all essential conditions (Capacity, Ijab-o-Qubul, Witnesses, Consent) are met. |
Batil (Void) | Unlawful from the very beginning. | Creates no civil rights or obligations. Children are illegitimate. No right to Dower or inheritance. | Marrying someone within prohibited degrees (e.g., sister or mother). |
Fasid (Irregular) | Suffers from a temporary or remediable defect. | Before consummation: No legal effect. After consummation: Children are legitimate, wife gets Dower, but no mutual inheritance. | Marrying a 5th wife, or a Sunni marriage without witnesses. |
Table 2: Marriage & Divorce Differences (Units-I & II)
Area of Law | Sunni (Hanafi) Law | Shia (Ithna Ashari) Law |
Marriage Witnesses | Essential: 2 males (or 1 male and 2 females) must be present at the time of marriage. | Not essential at the time of marriage. |
Muta (Temporary) Marriage | Strictly Void (Batil). Not recognized. | Legally recognized. |
Talaq (Divorce) | Witnesses are not required for pronouncement. | Strictly requires the presence of 2 competent witnesses. |
Table 3: Maintenance Rules (Unit-II)
Aspect of Maintenance | Sunni (Hanafi) Law | Shia (Ithna Ashari) Law |
Maintenance of Relatives | Liability falls on the father. If he is poor, it falls on the mother, then the paternal grandfather. | Liability is shared. If the father is poor, liability falls jointly on the mother and the paternal grandfather. |
Wife’s Right (Arrears) | A wife cannot claim past arrears of maintenance unless it was fixed by a prior agreement or court order. | A wife can claim arrears of maintenance even if there was no prior agreement or court order. |
Table 4: Guardianship and Custody / Hizanat (Unit-III)
Aspect of Custody | Sunni (Hanafi) Law | Shia (Ithna Ashari) Law |
Mother’s Right to Custody | Male child: Until the age of 7. Female child: Until puberty. | Male child: Until weaning (approx. 2 years). Female child: Until the age of 7. |
After Mother’s Right Ends | Custody reverts to the Father. | Custody reverts to the Father. |
Loss of Hizanat | Mother loses custody if she marries a “stranger” (a person outside the prohibited degrees to the child). | Mother loses custody if she marries any person. |
Table 5: Gift (Hiba) vs. Will (Wasiyat) (Unit-III)
Feature | Gift (Hiba) | Will (Wasiyat) |
Operation | Operates Inter Vivos (between living persons). Takes effect immediately upon delivery. | Operates Testamentary (takes effect only after the testator’s death). |
Extent of Property | A person can legally gift their entire (100%) property during their lifetime. | A person can legally bequeath only up to 1/3rd of their total net estate. |
Revocability | Extremely difficult to revoke once possession is delivered (usually requires a Court Decree). | Highly ambulatory; can be revoked by the testator at any time before death. |
Table 6: Rules of Wills / Wasiyat (Unit-III)
Area of Law | Sunni (Hanafi) Law | Shia (Ithna Ashari) Law |
Bequest to a Legal Heir | Completely invalid unless the other legal heirs give their consent after the testator’s death. | Valid up to 1/3rd without the consent of other heirs. Consent is only needed for the excess. |
Timing of Heirs’ Consent | Heirs must give their consent after the testator dies. | Heirs can give their consent either before or after the testator dies. |
Suicide of Testator | If a person makes a Will and then commits suicide, the Will remains valid. | If a person does an act of suicide and then makes a Will, the Will is void. |